Fox v. Waterloo National Bank
Supreme Court of Iowa
Appeal from Monroe District Gourt.-— HoN. F. W. Eichel-beegee, Judge. This is an action in partition brought originally by Agnes White et al. against defendant Ralston. The Waterloo Bank and the Waterloo Gasoline Engine Company intervened, claiming judgment liens upon the interest of defendant Frank Ralston in and to the property in controversy.
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Appeal from Monroe District Gourt.-— HoN. F. W. Eichel-beegee, Judge. This is an action in partition brought originally by Agnes White et al. against defendant Ralston. The Waterloo Bank and the Waterloo Gasoline Engine Company intervened, claiming judgment liens upon the interest of defendant Frank Ralston in and to the property in controversy. Lydia Fox, one of the defendants in the main suit, filed a cross-petition claiming that a certain 40 acres of the land in controversy was the homestead of John Ralston at the time of his death; that Frank Ralston, one of his heirs, took his interest…
1Opinion of the Court
Deemer, J.—
l' "objection3to sufficiency. Before going to the merits, it is well to notice a claim made by appellants that 'the cross-petitioner does not sufficiently plead the homestead character of the property in dispute. Had the pleading been tested by motion, doubtless this would be true; ^ere was enough, in the absence of a motion for more specific statement, to raise this issue; and, as the case was tried on the theory that this point was in issue, and no objections "were lodged against the testimony offered to sustain the homestead character of the land, there is no merit in the…
2Cases cited20 opinions
- Bank of Versailles v. GuthreySupreme Court of Missouri · 1895
- Taylor v. BoulwareTexas Supreme Court · 1856
- Wade v. JonesSupreme Court of Missouri · 1854
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- Calhoun v. WilliamsSupreme Court of Virginia · 1879
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- Sheehy v. ScottSupreme Court of Iowa · 1905
- Scott's CaseSupreme Judicial Court of Maine · 1918
- Coleman v. ColemanSupreme Court of Iowa · 1911
- Roberts v. PlayleSupreme Court of Iowa · 1911
- In Re Estate of McClainSupreme Court of Iowa · 1935
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